LON/00AW/LBC/2024/0606 — service charge decision
In LON/00AW/LBC/2024/0606, decided 17 March 2025, the First-tier Tribunal considered 5 disputed service charge items at Flat 8, 85 Holland Road, London and found largely for the landlord: 0 items were reduced or disallowed. Full decision on GOV.UK below.
Property: Flat 8, 85 Holland Road, London
Decision date: 17 March 2025
Full decision: Read on GOV.UK
Managing agent named in the decision: Red Carpet Estates.
What was challenged and what the tribunal decided
| Item | Demanded | Allowed | Outcome | Grounds |
|---|---|---|---|---|
| Repairs & maintenance | — | — | Allowed in full | Other grounds |
| Repairs & maintenance | — | — | Allowed in full | Other grounds |
| Repairs & maintenance | — | — | Allowed in full | Poor standard of work, Other grounds |
| Other charges | — | — | Allowed in full | Other grounds |
| Buildings insurance | — | — | Allowed in full | Other grounds |
Key passages (verbatim)
“The Tribunal finds, on a balance of probabilities, that clause 3(6) of the Lease has been breached. The Tribunal accepts the evidence of the Applicant that it has on numerous occasions attempted to enter the Property because of the leak from the Property into Flat 6 and the common parts, however the Applicant had not been granted access by the Respondent.”
“The Tribunal also finds, on a balance of probabilities, that clause 4(5) of the Lease has been breached, as the Tribunal accepts the evidence of Edelle Carr that the managing agent had requested an appointment in writing giving seven days' notice for the purpose of executing repairs, but that access had not been granted by the Respondent.”
“The Tribunal finds, on a balance of probabilities, that the Respondent has breached clause 4(4). The Tribunal accepts the evidence of the Applicant that the roof terrace and balcony to the Property were in a poor state of repair and were not being kept clear and free from obstruction.”
“The Tribunal finds, on a balance of probabilities, that Paragraph 3 of the Fourth Schedule of the Lease has been breached. The Tribunal accepts the witness statement of Edelle Carr which confirmed both Flat 6 and a part of the common area were affected by the leak which was causing a nuisance, annoyance and causing damage to the Lessor and occupiers of the Building.”
“the failure of the Respondent to adequately maintain the roof terrace of the Property was an act which may render void or voidable any policy of insurance for the Building, or cause an increased premium.”
“The Respondent failed to comply with the directions and did not provide any documentation.”
“the Tribunal had not received any communication from the Respondent nor had it been provided with any explanation as to why the Respondent would not attend the hearing.”
This summary is assembled from the structured record of the published decision; amounts appear only where the tribunal stated them. Always rely on the full decision itself.